Patent Law Weblog
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- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
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- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
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Category: Federal Circuit
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By Donald Zuhn — In Adams Respiratory Therapeutics, Inc. v. Perrigo Co., decided last Thursday, the Federal Circuit vacated and remanded a determination by the District Court for the Western District of Michigan that the guaifenesin product described in Defendants-Appellees' ("Perrigo") Abbreviated New Drug Application (ANDA) would not infringe the asserted claims of Plaintiffs-Appellants' ("Adams")…
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Claim Construction of DNA-reciting Claims By Kevin E. Noonan — The Federal Circuit considered claims to isolated DNA sequences encoding portions of the genome of a porcine circovirus in Intervet Inc. v. Merial Ltd. last week, remanding the case to the District Court based on disagreements with the lower court's construction of three claim terms. …
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By Donald Zuhn — Last week, the Federal Circuit Bar Association (FCBA) submitted an amicus curiae brief regarding the motion for recusal filed by Plaintiffs-Appellees in Association for Molecular Pathology v. United States Patent and Trademark. Plaintiffs-Appellees filed their motion on June 28, seeking to have Chief Judge Rader recuse himself from any involvement in the…
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By Donald Zuhn — In April, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten questions concerning the issue of inequitable conduct (see "Federal Circuit Grants En Banc Review in Therasense v. Becton…
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By Kevin E. Noonan — On August 2nd, the Biotechnology Industry Organization (BIO) filed an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither party ("BIO . . . has no interest in the ultimate disposition of this litigation") urges…
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By Kevin E. Noonan — Last Friday, sanofi-aventis and Microsoft joined in filing an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of appellants and urging the en banc Court to reverse the three-judge panel's affirmance of inequitable conduct against Abbott,…
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By Kevin E. Noonan — The Intellectual Property Owners Association (IPO) filed an amicus curiae brief last week in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither of the parties to the underlying lawsuit, clearly stated the IPO's position that Federal Circuit jurisprudence on inequitable conduct had…
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By Andrew Williams — On Wednesday, in Sun Pharm. Indus., Ltd. v. Eli Lilly & Co., the Federal Circuit affirmed a finding that claims of Lilly's U.S. Patent No. 5,464,826 ("the '826 patent) were invalid for obviousness-type double patenting over U.S. Patent No. 4,808,614 ("the '614 patent"). The '614 patent claims gemcitabine, and methods of…
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By Kevin E. Noonan — The idea of a "golden age," almost always some time in the past, is a recurrent theme in history, literature, and myth. It is also the unspoken theme in Abbott's principal brief filed earlier this week in Therasense Inc. v. Becton Dickinson & Co., and that Golden Age has an…
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By Donald Zuhn — In a motion filed on June 28, Plaintiffs-Appellees in the Association for Molecular Pathology v. United States Patent and Trademark case have moved for Chief Judge Randall R. Rader to recuse himself from any involvement in the appeal. The motion, which was filed by attorneys from the American Civil Liberties…
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